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costs and expenses arising from processing the case in the domestic jurisdiction and
before the inter-American system for the protection of human rights.
II
JURISDICTION
5.
The Court has jurisdiction to hear this case in the terms of Articles 62 and
63(1) of the American Convention, because Colombia has been a State Party to the
Convention since July 31, 1973, and accepted the contentious jurisdiction of the
Court on June 21, 1985.
III
PROCEEDING BEFORE THE COMMISSION
a. Processing of case 12,050 (La Granja)
6.
On July 14, 1998, the Inter-American Commission received a petition
submitted by the Grupo Interdisciplinario por los Derechos Humanos (hereinafter
“GIDH”) and the Comisión Colombiana de Juristas (hereinafter “CCJ” and, when
referring to both organizations, “the representatives of the alleged victims and their
next of kin” or “the representatives”) against the State for facts that allegedly took
taken place in La Granja. On September 9, 1998, the Commission, in accordance
with its Rules of Procedure, opened case file No. 12,050 and requested the State to
provide the pertinent information.
7.
On October 2, 2000, the Commission adopted report No. 57/00, declaring the
case admissible. On October 23, 2000, the Commission made itself available to the
parties in order to reach a friendly settlement.
b. Processing of case 12,226 (El Aro)
8.
On March 3, 2000, the Inter-American Commission received a petition
submitted by the representatives against the State for the facts that allegedly
occurred in El Aro. On April 11, 2000, the Commission, in accordance with its Rules
of Procedure, opened case file No. 12,226 and requested the State to provide the
pertinent information.
9.
On October 10, 2001, the Commission adopted report No. 75/01, declaring
the case admissible. On November 14, 2001, the Commission made itself available to
the parties in order to reach a friendly settlement.
c. Joinder of cases 12,050 (La Granja) and 12,226 (El Aro)
10.
Since the petitioners in cases 12,050 and 12,266 were identical, and also the
context of the facts denounced in both cases, the sequential relationship of the
reported violations, and their impact in the two districts of the Municipality of
Ituango in the Department of Antioquia, the Commission proceeded to joinder the
cases in order to take a decision on merits.
11.
On March 11, 2004, given that a friendly settlement could not be reached in
these cases, the Commission, pursuant to Article 50 of the American Convention,
adopted joint Report No. 23/04, in which it stated that the Colombian State was
responsible for violating the rights embodied in the following articles of the
Convention:
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